In a sentencing memorandum filed this week, Garnett recommended Carter, 37, be sentenced to one year of prison followed by three years of probation at this morning's hearing.

"Carter shows no acknowledgement of the impact of his acts on this community, on the Boulder Police Department or on law enforcement in general, and remains, in the words of the probation officer, 'flippant' about his conduct," Garnett wrote. "This is why the court needs to send a message about the seriousness of this case and the impact of this defendant's conduct on the community.

"Carter's behavior while on duty as a uniformed police officer was reprehensible and he should be sentenced to the Department of Corrections as recommended by the probation department."

Marc Colin, Carter's attorney, on Thursday said he did not agree with Garnett's position in the sentencing memo.

"It's fair to say we are very disappointed in the DA's position," Colin said. "It is not consistent with the way other criminal cases are treated."

After a week-long trial, Carter was convicted in early June of attempting to influence a public official, a Class 4 felony; one count of forgery, a Class 5 felony; and two counts of tampering with evidence, a Class 6 felony.

Sam Carter, left, and his defense attorney Marc Colin listen to Fred Johnson's opening statement in Carter's June trial in the shooting of a trophy elk on Mapleton Hill in Boulder. He was convicted. (Mark Leffingwell / Daily Camera)

He also was convicted on counts of first-degree official misconduct, illegal possession of a trophy elk with a Samson Law surcharge, conspiracy to commit illegal possession of wildlife, unlawful taking of a big game animal out of season and unlawful use of an electronic communication device to unlawfully take wildlife.

'Arrogance and disrespect'

While the Class 4 felony conviction could carry a prison sentence of up to six years, Garnett wrote in the sentencing memo that first-time offenders with convictions lower than Class 3 felonies typically do not get prison time.

After Carter's conviction in June, Garnett said sending former law enforcement officers to prison was a "complex issue," and noted that, as a result of the felonies, Carter will never serve in law enforcement again and has lost all hunting privileges.

But according to a pre-sentence investigation by the Boulder County probation department, Carter was described as "apathetic" and "arrogant," and still does not "acknowledge the gravity of the underlying offense."

"The defendant's attitude to this conviction is a concern to the people because it reflects an arrogance and disrespect for the law that warrants a DOC sentence," Garnet wrote. "It is especially troubling in a former police officer whose sworn duty is to enforce the laws of Colorado (and abide by them), whether he agrees with them or not."

Garnett also recommended in the memo that, as conditions of his probation, Carter be required to perform 100 hours of community service, obtain full-time employment and participate in restorative justice.

As a result of his wildlife convictions, Carter also will be required to pay $10,200 in fines and fees.

'Professional demeanor'

Carter's attorneys also submitted a packet of documents to the court Wednesday, including a letter from former Mapleton Hill resident Belinda Begley, who said she was trapped by the Mapleton elk on Dec. 22, 2012.

The 911 recording of Begley's encounter was played by the defense during Carter's trial.

In a letter submitted to the court, Begley says the encounter was "the single most frightening experience of my life," and that she "would have killed this animal if I had the opportunity."

"The elk stalked me and tried to attack me for over half an hour, behaving in a way completely uncharacteristic of an elk," Begley wrote. "I have never met Sam Carter, and have no motivation to tell anything but the truth regarding this matter.

"It is a fact that something was seriously wrong with this elk."

Carter's 2012 performance evaluations as a Boulder police officer also were submitted, including one in which his supervisor said Carter demonstrated a "commitment to teamwork" and "a professional demeanor with those he encounters, including witnesses, victims and fellow officers."

The packet also contains several letters and emails from residents who had positive things to say about Carter's handling of their cases.

Carter remains free on a $20,000 personal recognizance bond.

Prosecutors say Carter shot the trophy elk in the residential area while on duty on Jan. 1, 2013 — without reporting that he'd fired his weapon — then claimed the animal had been injured and needed to be put down.

Text messages between Carter and another former Boulder police officer, Brent Curnow, showed Carter had planned the kill.

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